As 2025 drew to a close, we continued to see employers lose jury trials and face million-dollar verdicts because they ignored the basics of the interactive process requirements under the American with Disabilities Act (ADA). Most often, the fact patterns involve an employee who is underperforming or struggling in performing their job or who refuses or is unable to perform certain job functions. Frustrated that the work is not being handled, these employers rush to terminate the employee’s job, often without following a systematic or logical approach and failing to document the process.
For instance, in one recent case, an employee who was required to drive at night told her supervisor that she felt unsafe working at night and had difficulty driving because she had night blindness, where bright streetlights and traffic lights blinded her, created halos, and made it difficult to see. Her manager dismissed her concerns, noting that she had previously driven at night, and she was subsequently fired. The employee sued and won, convincing the jury that she had a disability under the ADA and that her employer discriminated against her and failed to accommodate her disability.
This is a common fact-pattern. No doubt, handling employee performance issues is tricky, especially when there may be an underlying medical issue that might not be easily apparent. For instance, if the employee says, “I’m struggling,” this might not look like an ADA-triggering comment. However, the courts are suggesting that it is the employer’s burden to ask why the employee is struggling. Failure to have that dialogue can be very costly and enhance the employer’s risk of a lawsuit.
We urge all employers to follow these guidelines:
1. Recognize the Request/Issue
- Identify when an employee is struggling and requests an accommodation or when it is apparent that an accommodation may be potentially needed due to a medical condition.
- Don’t require the employee to use specific language or forms; any indication of difficulty performing job functions due to a medical condition triggers the process.
2. Gather Information
- Ask the employee about the nature of the restrictions and how they impact job performance. Don’t be dismissive of any medical issues!
- Request medical documentation describing the condition, the need for accommodation, and the nature of the restrictions — if unclear, seek clarification from the employee and/or their healthcare provider.
3. Engage in the Interactive Process
- Discuss accommodation options with the employee. This is a collaborative process.
- Consider all reasonable accommodations, such as:
- Modifying work schedules or job duties
- Providing assistive devices
- Allowing remote work or telework
- Reassigning to a vacant position for which the employee is qualified
- Providing leave or time off if needed
4. Analyze Accommodation Options
- Evaluate whether the proposed accommodation enables the employee to perform essential job functions.
- Consider whether the accommodation would impose an undue hardship on the business.
- Remember, the employee is not necessarily entitled to their preferred accommodation — any effective accommodation is sufficient.
5. Implement and Document
- Implement the agreed-upon accommodation promptly.
- Document all steps of the process, including communications, medical documentation, analysis, and the final decision.
6. Monitor and Adjust
- Periodically review the effectiveness of the accommodation.
- Be open to revisiting and modifying accommodations as circumstances change.
It is critical that employers not simply dismiss an employee’s claims that they have a medical condition impacting their ability to perform the job. To limit liability, the employer must assess whether the job functions are essential and whether others can help the employee to do those specific tasks the employee cannot perform — and then consider options. When in doubt, proceed with the interactive process and a reasonable accommodation analysis. Documentation throughout this process is key to minimizing claims and liability.
